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VOL. 10, ISSUE 1 (2024)
India's environmental justice and human rights systems: A legal and institutional review
Authors
Megha Sharma, Dr. Vivek Malik
Abstract
Degradation of India's natural environment is
a major cause for alarm because it threatens people's livelihoods, health,
dignity, and the very right to exist. By analyzing constitutional provisions,
legislative mechanisms, judicial innovations, and regulatory institutions, this
article provides an institutional and legal analysis of how environmental
justice is integrated into India's human rights framework. The study examines
key environmental statutes, including the EPA, Water, Air, and the Forest
Conservation Acts, & Biological Diversity Act of 2002, as well as
constitutional requirements under Articles 21, 48A, and 51A(g). It employs a
doctrinal and qualitative approach to its analyses. It further evaluates the
functioning of the CPCB, SPCBs, MoEFCC, and the National Green Tribunal in
operationalising environmental governance, while underscoring the pivotal role
of judicial activism in expanding environmental rights through PIL and landmark
judgments. A comparative assessment with South Africa, Ecuador, and the
European Union exposes gaps in India’s system, especially the absence of
explicit constitutional recognition. The study concludes that ensuring
environmental justice requires stronger institutional accountability, enhanced
procedural rights, and comprehensive constitutional reform to safeguard
ecological integrity for future generations.
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Pages:257-263
How to cite this article:
Megha Sharma, Dr. Vivek Malik "India's environmental justice and human rights systems: A legal and institutional review". International Journal of Law, Vol 10, Issue 1, 2024, Pages 257-263
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